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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant entered into the Republic of Korea with the permission of E, a residential right holder on December 31, 2010, and D and E are separated from November 201, 2010, prior to the instant case, on the premise of divorce, and therefore, D cannot be deemed as a co-resident of F apartment Nos. 101 and 1408 (hereinafter “instant apartment”). Thus, the lower court erred by misapprehending the legal principles and misapprehending the legal principles, and the lower court’s punishment (two million won) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. According to the evidence duly adopted and examined by the court below and the statements of the witness D of the trial party, the following facts can be acknowledged.
① Around June 2009, D and E were married and resided in the instant apartment from April 2010 to April 2010.
D) The workplace has been set off only at the weekend in Seoul, which continued to be a policeman on November 2010.
② However, around September 2009, E, which had been said to be the horse once, began to require D to have a full divorce from the end of November 2010.
③ On November 24, 2010, E’s family members play in Jeju, and on December 16, 2010, E’s parents landed in Jeju.
④ From November 24, 2010, D sleeped on the weekend, not on the apartment of this case, but on its father’s house, but on the apartment of this case, D sleeped on the apartment of this case. However, sleeped on the apartment of this case.
⑤ Around November 24, 2010, D had clothes and entered the instant apartment, and entered the instant apartment on December 16, 2010 with E’s parents, and even around December 16, 2010, there was a space between the instant apartment and the instant apartment, and D opened the door door door of the apartment at each time when it was entered on December 2010.
6. However, it is the fact that D, who is doubtful of E's external map, went to Jeju on December 30, 2010 and went to the apartment of this case.